DB dismissed appeal of State and upheld the Single Judge judgment

 

Jammu, April-20  (Agencies):-In a LPA filed State against the judgment of Single Judge whereby Single Judge quashed the premature retirement order of  Javed Iqbal AEE.

            A Division Bench of State High Court Comprising Chief Justice Baddar Durez Ahmed and Justice Tashi Rabstan after hearing Advocate General Jehangir Iqbal Ganai with Govt Advocate Tarun Sharma for the state whereas Sr. Adv Sunil Sethi with Adv Sudershan Sharma appearing for the respondent Javed Iqbal AEE, observed that High Court may interfere only if it is satisfied that the order of compulsorily retirement has been passed under mala fides or that it is based on no evidence or that it is arbitrary in the sense that no reasonable person could form the requisite opinion on the given material. 

            While coming back to the facts of the present case, Division Bench found that the only material that was before the Screening Committee were the two FIRs, one of which had resulted in closure and the other had resulted in discharge. There was no other material before the Screening Committee to enable it to come to the conclusion that it was in public interest to compulsorily retire the respondent. In the facts of the present case, Division Bench found that the decision to compulsorily retire was one, which was based on no evidence. Consequently, the conclusion of the Single Judge cannot be said to be wrong in law. With these observations Division Bench dismissed the LPA.

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